Legal Opinion

Brown v. State

District Court of Appeal of Florida

Decided April 17, 2013No. 4D11-4013Published

1Opinion of the CourtGross, J.

We hold that the trial court did not commit fundamental error in failing to instruct the jury on section 812.025, Florida Statutes (2009), because the theft and subsequent sale of stolen property did not constitute “one scheme or course of conduct.”

*586Benjamin Brown was charged with (1) grand theft of a firearm, in violation of section 812.014(2)(c)5., Florida Statutes (2009); (2) dealing in stolen property, in violation of section 812.019(1), Florida Statutes (2009); and (3) burglary of a dwelling while armed. As to the grand theft charge, the information alleged that Brown unlawfully obtained…

2Cases cited6 opinions

  1. Hall v. StateSupreme Court of Florida · 2002
  2. Aversano v. StateDistrict Court of Appeal of Florida · 2007
  3. Toson v. StateDistrict Court of Appeal of Florida · 2004
  4. Wilson v. StateDistrict Court of Appeal of Florida · 2004
  5. Rife v. StateDistrict Court of Appeal of Florida · 1984

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